HEERA THATHERA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and perused the record.

(2.) The present bail application has been filed by the applicant seeking bail in Case Crime No. 324 of 2021, under Ss. -406, 419, 420 I.P.C., Police Station-Bansdih, District-Ballia.

(3.) Learned counsel for the applicants submitted that accused-applicant are innocent and have been falsely implicated in the instant case. The FIR, relates to the incident which took place on 18/11/2021, was lodged against unknown persons with delay of 26 days i.e. on 14/12/2021. The delay in lodging of FIR is fatal to the case of the prosecution. The applicants were arrested during investigation. The prosecution has shown recovery of two pair of ear rings and two rings of gold from the possession of the applicants and thereafter, implicated them in three cases i.e. Case Crime Nos. 324 of 2021 (Present case), 0364 of 2021 and 0299 of 2021. The recovery shown by the prosecution is fake one. There is no public independent witness to support the story of the prosecution. The applicants are in jail since 15/12/2021 and the possibility of conclusion of trial in near future is extremely bleak. The identification, as required under law, has not been carried out. The offences are triable by Magistrate. Further submitted that after taking note of the entire facts of the case, this Court has enlarged the applicants on bail vide order dtd. 20/5/2022 passed in Criminal Misc. Bail Application No. 18563 of 2022. In these circumstances of the case, the applicants are entitled to be released on bail.